MATTER OF MARTIN

530392, 530394.

202 A.D.3d 1169 (2022)

2022 NY Slip Op 00701

In the Matter of the Claim of Anthony Martin, Respondent. Trucking Support Services, LLC, Appellant. Commissioner of Labor, Respondent. (Claim No. 1.) In the Matter of the Claim of Anthony Martin, Respondent. Distribution Cooperative Network of NY, Appellant. Commissioner of Labor, Respondent. (Claim No. 2.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 3, 2022.


Attorney(s) appearing for the Case

JASINSKI, PC, Newark, New Jersey ( David F. Jasinski of counsel), for appellants.

Salvatore C. Adamo , Albany, for Anthony Martin, respondent.

Letitia James , Attorney General, New York City ( Mary Hughes of counsel), for Commissioner of Labor, respondent.

Garry, P.J., Egan Jr. and Aarons, JJ., concur.


Claimant, a truck driver who holds a commercial driver's license and transports goods interstate for motor carriers, filed a claim for unemployment insurance benefits. The Department of Labor determined that claimant was an employee of Trucking Support Services, LLC (hereinafter TSS) and Distribution Cooperative Network of NY (hereinafter...

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